Those arrested for a crime are supposed to be innocent until proven guilty. They have a right to a fair trial, yet they sometimes must wait months to years to defend themselves in court. Frequently, the accused are released of their own recognizance, but oftentimes the court sets bail so that the accused pays a price for the right to remain free while awaiting trial. Those who can’t pay or obtain online bail bonds sit in jail until their case is heard in court.

In 2020, a Nevada Supreme Court ruling deemed that those charged with a crime deserved a thorough hearing to determine whether bail is warranted. It is up to the prosecutors to prove that bail is a requirement. Judges may establish bail or set less restrictive requirements to ensure a defendant shows up for trial. They may also deny bail and require the defendant to be confined while they await trial. Here are the top four reasons the courts deny those accused of a crime the ability to post online bail bonds.

1. The Defendant Is Charged With a Capital Crime

The federal government establishes legal guidelines for setting bail. Within 18 U.S. Code 3142 (f), the law also defines circumstances when the courts must detain the accused without bail. The law applies when the defendant faces federal or state charges for:

  • A violent crime associated with a maximum sentence of 10 years in prison
  • Any crime that carries a potential sentence of imprisonment for life or the death penalty
  • A controlled substance crime as defined by the Controlled Substances Act and carrying a maximum penalty of 10 years imprisonment
  • A felony when the defendant has also been previously convicted of one of the above crimes
  • A non-violent felony involving a minor

When any of the above holds, the judge has no choice but to deny the defendant bail, eliminating the option to get out of jail using online bail bonds.

2. The Defendant Is a Flight Risk

While those accused of a crime have a right to a fair trial, the courts need to know they are going to turn up in court at their scheduled times throughout the proceedings. One of the stipulations for bail is that the defendant is not allowed to leave the county unless the court grants permission. This can be particularly challenging when someone doesn’t live in the county where the arrest takes place.

If the judge has any indication that the accused is a flight risk, online bail bonds are out of the question. When bail is granted and defendants leave the county or miss their court dates, the courts issue a bench warrant for their arrests, subsequently denying them bail for the second arrest.

3. The Defendant Is Deemed a Threat

In determining whether the accused should be allowed to post bail, the judge must be certain that the individual does not pose a threat to society, themselves or witnesses. The judge needs to also know the defendant cannot tamper with evidence in the case. If there is any reason to believe that the accused is a threat, the courts will deny bail.

4. The Defendant Is Charged With Offenses That Involve Substance Abuse

The last reason a judge may deny bail is when the defendant is charged with crimes that involve substance abuse. Though those accused of these crimes may initially be released after they secure online bail bonds, the courts often require random testing to ensure they aren’t continuing to use drugs or alcohol. Failing one of these tests can result in the judge revoking bail.

Where To Go When You Have Questions About Online Bail Bonds

All n One Bail Bonds is the friendliest and most trusted bail agency in Nevada. We’ve been helping people post bail and get out of jail quickly for 30 years. Our professional bondsmen understand how important it is for you or your loved one to get back to living your life as you wait for the legal process to play out.

We offer online bail bonds and work with our customers to secure bail terms that fit their budgets. If you have any questions about how bail works in Nevada or about our process, please get in touch. We’re here for you whenever you need us, 24 hours a day, seven days a week, 365 days a year.